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Black And White Stripes Are The New Orange

Saginaw Jail

A jail in Michigan is switching prison garb to old-style black and white stripes because prisoners have become enamored of the orange they had been wearing due to the popularity of Netflix’s Orange Is The New Black: SAGINAW, MI — If orange is the new black, as the popular TV show title says, then black-and-white stripes are […]

Two Federal Appeals Courts Rule Two Different Ways On Obamacare Subsidies

United States Code

Contradictory rulings from two Federal Courts of Appeal show that statutory construction isn’t a simple thing.

Sex Offender Registry Insanity

SexOffender

Good intentions, bad results.

10th Circuit Strikes Down Oklahoma’s Ban On Same-Sex Marriage

Same Sex Marriage Supreme Court

Another step closer to the Supreme Court.

State Court Judge Strikes Down Florida’s Ban On Same-Sex Marriage

gay-marriage

A state court Judge in Florida has become the latest jurist to strike down a state’s ban on same-sex marriage: In a decision some called “the beginning of the end” of Florida’s ban on gay marriage, a Monroe County judge ruled Thursday that two Key West bartenders and other gay couples must be allowed to […]

California Not Executing Enough People, Says Federal Judge

Death-Penalty-Peri-Lithwick-horizontal-570x376

The most novel argument yet against capital punishment.

Majority Of Republicans Support Obama’s Impeachment

Impeach Obama Signs

A lot of Republicans dislike the President enough to think that he should be removed from office, but will that make impeachment more likely to happen?

Six Californias? It May Be On The Ballot In 2016, But It Probably Won’t Happen

Six Californias

A Silicon Valley businessman says he has enough signatures to get it on the ballot, but the plan to break California up into six states is most assuredly going nowhere.

Getting The State Out of the Wedding Business

wedding-rings

Why is the marriage ceremony the government’s concern?

TSA Agent Stops Reporter Because He Didn’t Know Washington D.C. Is Part Of The United States

Facepalm

The Washington reporter for an Orlando television station was initially stopped from getting on a plane because he didn’t believe that the reporter’s Washington, D.C. Driver’s License was a valid form of identification: ORLANDO, Fla. — It’s something most students learn in elementary school — the United States is made up of 50 states and the […]

Journalist, Activist, And Undocumented Immigrant Jose Antonio Vargas Detained By Border Patrol

Facebook CEO Mark Zuckerberg Attends Panel Discussion For "Documented"

Jose Antonio Vargas, a Pulitzer Prize winning journalist who revealed that he had been in the country illegally since he was a child in a 2011 article in The New York Times and has since become something of an activist on immigration issues, has been detained in Texas: McAllen, Tex. — Jose Antonio Vargas, an undocumented Filipino […]

Another Legal Threat To The Affordable Care Act

law-scales-justice-flag

A case pending in Federal Court in Washington, D.C. could pose new legal problems for the Affordable Care Act

Jose Antonio Vargas Is A Symbol For Immigration Reform, Not A Candidate For Deportation

Facebook CEO Mark Zuckerberg Attends Panel Discussion For "Documented"

Jose Antonio Vargas was brought to the U.S. at the age of 12 and never left. Now, some are suggesting he should be deported as soon as possible.

Mother Charged For Leaving 11 Year Old In A Car: Protecting Children, Or Paranoia?

cvs-parking-lot

To some extent, we seem to be becoming overprotective.

John Boehner’s Lawsuit Against Obama Is All About Obamacare, And Will Probably Be Dismissed

US-SYRIA-CONFLICT-OBAMA

John Boehner’s latest political move is designed mostly to appease the GOP base, but it’s likely a non-starter from a legal point of view.

Virginia Police Drop Demand To Take Explicit Photos Of Minor Defendant In Sexting Case

law-scales-justice-flag

Police and prosecutors in Prince William County, Virginia have announced they will not attempt to have sexually explicit photos taken of a 17 year-old Defendant in a sexting case currently pending in that county’s Juvenile and Domestic Relations District Court: Police say that they will no longer be pursuing efforts to take sexually explicit photos […]

Colorado Judge Strikes Down Centennial State’s Same-Sex Marriage Ban

gaymarriage

A state court Judge in Colorado has become the latest jurist to strike down a state law ban on same-sex marriage: An Adams County District Court judge on Wednesday declared Colorado’s ban on same-sex marriages unconstitutional, but he immediately stayed his ruling. Judge C. Scott Crabtree pulled no punches in his 49-page ruling, saying the […]

The Legal Battle For Same-Sex Marriage Is Headed To The Supreme Court

Same Sex Marriage Supreme Court

Assuming it accepts the appeal, Utah is giving the Supreme Court its high profile case for the October 2015 Term.

Implementation Of Europe’s ‘Right To Be Forgotten’ About As Absurd As You’d Expect

Google Privacy

Judging by the early results, the so-called “Right To Be Forgotten” recently created by Europe’s highest court is creating more problems than it will solve.

Prosecutors Want To Create Child Pornography To Help Prosecute A Child Pornography Case

Sending Message On Phone

The law’s insane over-reaction to teen “sexting” has gotten even more insane in one Virginia County.

Citizens United And Hobby Lobby Are About Individual Rights, Not ‘Corporate Rights’

bill-of-rights

Much of the criticism of Hobby Lobby, and Citizens United before it, is based on a fundamental misunderstanding of what those decisions stand for.

Liberals Still Think They Can Guilt Trip Ruth Bader Ginsburg Into Retirement

Ruth Bader Ginsburg

Some people on the left are still trying to convince Ruth Bader Ginsburg that she needs to just step out on the ice floe already.

Louisiana May Jail A Catholic Priest For Refusing To Break The Seal Of Confession

Sacrament of Reconciliation

A case out of Louisiana raises serious First Amendment issues.

Sleeping Yankees ‘Fan’ Files Frivolous Lawsuit

Sleeping Yankees Fan

A Yankee fan who was caught on ESPN’s Sunday Night Baseball sleeping in the middle of a Yankees-Red Sox game is suing ESPN, Major League Baseball, and the New York Yankees: A fan caught on camera sleeping during a New York Yankees-Boston Red Sox game in April has filed a defamation lawsuit against Major League […]

Lawyers For Gitmo Detainees Using Hobby Lobby To Argue For Expanded Religious Freedoms

Guantanamo Bay Camp Entrance

Political irony, perhaps, but probably less than meets the eye.

The Supreme Court’s Most Important Decision Wasn’t Hobby Lobby

Supreme Court Justices 2

Hobby Lobby Is an important decision, but it’s one that the Supreme Court handed down a week earlier that will have the widest impact.

What Happens To Your Online Persona When You Die?

click

Another area where the law has not caught up with technology.

SCOTUS Will Find It Hard To Avoid Ruling On Marriage Equality In The Next Term

Same Sex Marriage Supreme Court

The Supreme Court’s next term doesn’t start for three months, but it’s becoming clear that the Justices will have to deal with marriage equality when it does.

Is The Law That Saved Hobby Lobby Unconstitutional?

church-state-street-signs

Is the Religious Freedom Restoration Act itself an unconstitutional Establishment of Religion barred by the First Amendment? There’s a compelling argument that it is.

Federal Judge Strikes Down Kentucky’s Same-Sex Marriage Ban

Dont Tread On Me Rainbow Flag

The streak continues.

Explaining ‘Stand Your Ground’ Laws

H

There’s been far too much hysteria and hyperbole when it comes to ‘Stand Your Ground’ laws.

Court Rules Defendant Must Reveal Computer’s Encryption Password

Computer Password Security

Another area where the law has yet to catch up to technology.

Angry Tweeters Mistake SCOTUSBlog For SCOTUS, Hilarity Ensues

Facepalm

In the hours after the Hobby Lobby decision was handed down, people on Twitter started trolling the Twitter account for SCOTUSBlog with angry reactions and, worse. SCOTUSBlog decided to troll right back: When you start reading our description. MT @ProgressivesWin: @SCOTUSblog When will you start honoring the constitution. #5OldBigots — SCOTUSblog (@SCOTUSblog) June 30, 2014 […]

Supreme Court Rules Some Employees Can Opt Out Of Public Employee Unions

law-gavel-lights

The Supreme Court has limited the ability of public employee unions to force people to join their ranks.

Supreme Court: Some Employers Can Refuse To Cover Contraceptives For Religious Reasons

Birth Control Mandate

Hobby Lobby wins, but it’s unclear just how far this opinion will go.

Federal Court Strikes Down D.C. Law Requiring Tour Guides To Be Licensed

Washington DC Tour Guides

A Federal Appeals Court has struck down a D.C. law requiring tour guides to get a license and pass a test.

Abu Khattala Will Be Tried In A Criminal Court, As He Should Be

Khatallah in Court

The justice system works, there’s no need to scrap it.

Previewing Tomorrow’s Hobby Lobby Decision

Hobby Lobby

The Supreme Court has saved the biggest case of the term for its last day.

Aereo Suspends Service In Wake Of Supreme Court Ruling

Aereo Transcorder

After a Supreme Court decision earlier this week that effectively declared its business model to be a violation of the law, Aereo has suspended service: Aereo, the start-up firm that threatened to upend the television industry, has hit the pause button. Three days after the Supreme Court ruled that Aereo had violated copyright laws by […]

Special Prosecutor: Scott Walker Not A Target Of Investigation

2013 Conservative Political Action Conference

It turns out there was much less to that Scott Walker document dump than the press coverage claimed.

Unanimous SCOTUS Decisions Do Not Mean The Losing Side’s Arguments Were ‘Extreme’

Supreme Court Justices 2

We’ve seen a notable number of 9-0 Supreme Court decisions this term, but that doesn’t mean that the side that lost was making an extreme or meritless argument.

Viewing the Sinclair Sexual Assault Case Dispassionately

jeffrey-sinclair-hair-too-fucking-long

My latest for The Hill, co-authored with Butch Bracknell: “Explaining the Sinclair demotion.”

Supreme Court Strikes Down Abortion Clinic Buffer Zones

Abortion Clinic Protest

Another solid victory for the First Amendment from the Roberts Court.

Supreme Court Restricts President’s Recess Appointment Power

constitution-preamble-gavel

The Supreme Court rules that Recess Appointments can only be made when there’s actually a Congressional recess.

New York’s Highest Court Kills Mike Bloomberg’s Soda Ban

Bloomberg Soda

Mike Bloomberg’s absurd soda ban is, thankfully, dead.

10th Circuit Court Of Appeals Strikes Down Utah’s Same-Sex Marriage Ban

Same Sex Marriage Supreme Court

A big step forward for the challenge to state-based bans on same-sex marriage.

Federal Judge Strikes Down Indiana’s Ban On Same-Sex Marriage

gaymarriage

A Federal District Court in Indiana has has struck down that state’s ban on same-sex marriage: A federal judge struck down Indiana’s ban on same-sex marriage Wednesday in a ruling that immediately allowed gay couples to wed. The court clerk in Marion County, home to Indianapolis, began issuing marriage licenses to same-sex couple about an […]

Speaker Boehner To File Lawsuit Against Obama Over Executive Actions

US-SYRIA-CONFLICT-OBAMA

A clash over Separation Of Power and the Imperial Presidency, coming soon to a Federal District Court in Washington, D.C.

Aereo Loses Big As Supreme Court Upholds Intellectual Property Protections

Aereo Transcorder

New technology doesn’t mean that the laws don’t apply.

Supreme Court Finds Broad Right To Privacy In Contents Of Smartphones

Pile of smart phones

A unanimous Supreme Court rules that the Fourth Amendment bars police from searching your electronic device without a warrant.

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